SCOTUS Blocks Fifth Circuit Stay in Louisiana v. FDA

Friends,

Earlier this month, Council for Life reported a massive pro-life victory from the U.S. Fifth Circuit Court of Appeals in State of Louisiana v. U.S. Food and Drug Administration — the most significant abortion case since the 2022 landmark Dobbs decision overturned Roe v. Wade.

Louisiana filed the lawsuit to stop the illegal mailing of the chemical abortion drug mifepristone into Louisiana and other pro-life states like Texas in violation of our strong abortion bans. The number of abortions is increasing in our post-Roe era because of the mail-order accessibility of chemical abortion pills which now account for more than two-thirds of abortions.

Abortion pill manufacturers Danco Laboratories and GenBioPro, for which the sale of the pills to kill unborn children is highly lucrative, joined the FDA as parties to the lawsuit claiming “irreparable harm” to their mifepristone profits.

Heroic Fifth Circuit Ruling for Louisiana and Life

On May 1, we rejoiced when a Fifth Circuit three-judge panel unanimously ordered the temporary halt nationwide of chemical abortion pill access by mail.

Danco Laboratories and GenBioPro each quickly filed an emergency appeal on May 2 with the U.S. Supreme Court, asking the High Court to pause the Fifth Circuit’s ruling.

The Fifth Circuit Order meant that a woman wanting a chemical abortion must have an in-person doctor visit and the chemical abortion drug mifepristone dispensed to her in person. Abortion doctors and other pill providers could not mail pills to any state or even within a state where abortion is legal.

(See Council for Life News HERE)

Fifth Circuit Ruling Only in Place Three Days

Our jubilance was short-lived. On May 4, just three days later, the Supreme Court temporarily put the Fifth Circuit’s Order on hold. On May 14, the High Court blocked the Fifth Circuit Order pending disposition of the lawsuit in the Fifth Circuit. The Supreme Court’s ruling tragically maintains the status quo, allowing mifepristone to be prescribed via telehealth and dispensed by mail order.

Every day that passes, abortion kills 3,085 babies in the U.S., 137 babies in Texas and 32 babies in Dallas/Fort Worth. Thousands of women are harmed physically and emotionally.

Justices Clarence Thomas and Samuel Alito Dissented

Only Justices Clarence Thomas and Samuel Alito dissented on the side of Louisiana and Life. We are forever grateful for their courage and boldness!

U.S. Supreme Court Justices Samuel Alito and Clarence Thomas

Justice Thomas noted the Comstock Act is a federal law that bans using the mail to ship any “drug…for producing abortion.”

Justice Alito observed the 2022 Dobbs decision that overturned Roe prompted pro-life states like Louisiana and Texas to enact strong laws making abortion illegal. The FDA’s policy is circumventing enforcement of these abortion bans.

SCOTUS Ruling Increases Pressure on FDA to Revisit Mifepristone’s Safety Standards and Do the Right Thing

The FDA originally recognized the dangers of chemical abortion drugs
but removed safeguards to protect women, including in-person doctor visits
and dispensing requirements, during the Biden Administrations.

Louisiana v. FDA could take a year to ultimately be resolved by SCOTUS and a pro-life victory is by no means assured.

But the FDA could choose to do the right thing NOW by taking regulatory action to preclude the need for a judicial ruling.

During President Trump’s second term, numerous federal and state government officials and pro-life and church leaders have implored the Administration to at a minimum restore the in-person doctor visit and dispensing requirements of mifepristone to get the drugs out of the mail.

FDA Commissioner Dr. Marty Makary’s lack of action and slow-walk of the agency’s study of the dangers of the abortion drug have greatly frustrated pro-life leaders. (See Council for Life News HERE, HERE and HERE)

FDA Commissioner Makary Abruptly Resigns

Acting FDA Commissioner Kyle Diamantas was selected
after Dr. Marty Makary’s recent abrupt resignation.

Commissioner Makary abruptly resigned two weeks ago and President Trump named Attorney Kyle Diamantas as the Acting FDA Commissioner. Pro-life leaders are hopeful that Diamantas will take historic, courageous action to address the lethal drugs and are encouraged that Diamantas has prioritized conversations with them.

(See Life News article HERE)

March for Life President Jennie Bradley Lichter in a May 13th post on X

The Abortion Industry is Ready if Access to Mifepristone is Limited or Removed

Misoprostol is the second pill in the two-step chemical abortion regimen. Mifepristone kills the baby. Misporostol expels the dead baby from the uterus.

Regardless of how Louisiana v. FDA plays out or if the FDA takes action, abortion zealots will pivot.

OPTION 1: Misoprostol-Only Abortion

One option for the pro-abortion side is a misoprostol-only abortion. Misoprostol is the second pill in the two-step chemical abortion regimen. Mifepristone is the first pill taken to kill the baby. Misoprostol is the second pill taken to induce uterine contractions and expel the dead baby. Misoprostol pills alone can be used to abort a baby but studies show misoprostol can be less effective and more dangerous for women. A chemical abortion with only misoprostol increases the chances of a baby being born alive that is likely then flushed down the toilet.

OPTION 2: Foreign Abortion Pill Providers

Another option for abortion advocates are foreign pill providers like pharmacies and Aid Access that are not regulated by the FDA.

(Listen to Texas Right to Life podcast HERE)

Moms.gov Provides Some Good News

Mom.gov provides resources, information and help
for new and expecting mothers.

On Mother’s Day, the U.S. Department of Health and Human Services launched Moms.gov, a groundbreaking website for new and expecting mothers. This “first-of-its-kind resource” offers guidance and information to support mothers and fathers who face difficult or unexpected pregnancies and the health and wellbeing of mothers and their families. The website landing page acknowledges “navigating pregnancy can feel overwhelming, but you don’t have to do it alone” and features information to help women and men find a local pregnancy center near them and other resources that allow maternal and infant health to thrive.

Please Pray

Please join Council for Life as we pray for the FDA to remove mifepristone from the market or at a minimum restore essential regulations for the safety of women.

We thank God for our pro-life judges and government officials. We pray specifically for the wisdom and safety of our Fifth Circuit Judges as they work courageously to protect innocent unborn babies and their vulnerable mothers from the violence of abortion.

Give for Life